Mass AG Healey: More than 853 Workers To Receive $1.7 Million in Back Pay; Companies Hit With $1.1 Million in Fines

In full transparency, the following is a press release from the Massachusetts Attorney General’s office submitted to SOURCE media.

***

[broadstreet zone=”59982″]

BOSTON — As part of an ongoing initiative to combat wage theft in the construction industry, Attorney General Maura Healey announced today, August 22, that her office issued 216 citations against100construction companies for violating the state’s wage and hour and prevailing wage laws over fiscal year 2022.

As a result of these enforcement actions, more than 853 workers will receive more than $1.7 million in back pay andthe companies will pay over $1.1million in fines.

“Our Fair Labor Division works hard to advocate for construction workers across Massachusetts who are often vulnerable to wage theft and other forms of exploitation on the job,” said AG Healey. “Through continued enforcement, outreach, and education, we are committed to ensuring a fair working environment in the construction industry and a level playing field for responsible employers.”

The violations in these cases, handled by the AG’s Fair Labor Division, include the failure to pay wages in a timely manner, to pay overtime, and to furnish records for inspection, as well as retaliation. For work performed on public construction projects, violations include failure to pay the prevailing wage, to submit true and accurate certified payroll records, and to register and pay apprentices appropriately.

[broadstreet zone=”59984″]

Some of the 2022 enforcement actions include citations against the following construction companies:

• Rochester Bituminous Products, Inc., and its owners, President, Thomas Russo, Manager, Albert Todesca, and Treasurer, Michael P. Todesca, were issued 25 citations totaling more than $1.2 million in restitution and penalties for prevailing wage violations and failing to submit certified payroll records. The violations occurred on various public projects, including projects for the City of Boston, Town of Mattapoisett, Boston Water & Sewer Commission, as well as Abington, Bridgewater, Canton, Plymouth, Sharon, and Weymouth.
• Superior Carpentry, Inc., and its President, Fernando Barroso, and Vice President, Felipe Drumond, were issued five citations for over $540,000 in restitution and penalties for failure to pay prevailing wages and for submittal of false payroll records to awarding authorities on public projects at the Middleborough and Westport police stations.

[broadstreet zone=”59983″]

• Railworks Track Systems, Inc., will pay more than $220,000 in restitution and penalties for failing to pay the proper overtime rate to workers, failing to properly account for different hourly rates of pay earned by employees during the same work week, and failing to submit true and accurate payroll records for work performed on public works projects in Hyannis, Falmouth. Framingham, Great Barrington, Lee, Lenox, Pittsfield, Sheffield, and Stockbridge.  
• Gonza Construction Inc. was issued five citations totaling $143,000 in restitution and penalties for prevailing wage, record-keeping, earned sick time, and paystub violations on a public project in Stoughton.

In partnership with government agencies, worker advocacy groups, and labor unions, the AG’s Fair Labor Division raises awareness about workers’ rights and employer responsibilities under the law. It has prioritized outreach and education across Massachusetts through trainings in which workers can learn more about their rights under Massachusetts wage and hour laws, including earned sick time, breaks and how and when they should be paid. Additionally, the Fair Labor Division has worked with other governmental agencies, including the Office of the Inspector General and the Department of Labor Standards, to update materials and provide guidance to awarding authorities and contractors in order to ensure compliance with prevailing wage and construction bid laws.

[broadstreet zone=”59945″]

The Fair Labor Division’s Bid Unit, which is responsible for investigating and enforcing the competitive bidding laws that govern contracts for public construction projects in Massachusetts, resolved 210 bid protests in 2022. The Bid Unit ensures transparency and fairness in the bidding and granting of public construction contracts.

Next month, the AG’s Office will issue its seventh annual Labor Day Report on its efforts to address wage theft and other forms of worker exploitation. The report will highlight the restitution and penalties ordered against employers and proactive initiatives undertaken by the office on behalf of working people in Massachusetts.

[broadstreet zone=”59948″]

AG Healey’s Fair Labor Division is responsible for enforcing state laws regulating the payment of wages, including prevailing wage, minimum wage, earned sick time and overtime laws, as well as the competitive bidding laws that govern contracts for public works construction. Workers who believe their rights have been violated in their workplace are encouraged to file a complaint at www.mass.gov/ago/wagetheft.

For information about the state’s wage and hour laws, workers may call the Office’s Fair Labor Hotline at 617-727-3465 or go to the Attorney General’s new Workplace Rights website www.mass.gov/ago/fairlabor for materials in multiple languages.